NEBOSH Foundations of Health and Safety 3

Question 1

Under HSWA 1974, what is the maximum penalty for breaching Sections 2-6 on summary conviction in a magistrates' court?

Accepted Answer

Up to 6 months' imprisonment and/or an unlimited fine

Answer

For offences under Sections 2-6 of HSWA 1974, magistrates can impose an unlimited fine and/or up to 6 months' imprisonment on summary conviction. For conviction on indictment in the Crown Court, sentences of up to 2 years' imprisonment are possible.

Question 2

Which international body publishes conventions and recommendations that set minimum standards for occupational safety and health globally?

Accepted Answer

International Labour Organization (ILO)

Answer

The ILO, a UN agency, publishes legally binding conventions and non-binding recommendations that establish international minimum standards for labour and occupational safety and health.

Question 3

What is the legal significance of an HSE Approved Code of Practice (ACOP)?

Accepted Answer

It provides practical guidance and failure to follow it can be used as evidence of non-compliance, unless equivalent measures are shown

Answer

ACOPs have a special quasi-legal status. Whilst not following an ACOP is not itself an offence, in criminal proceedings failure to comply can be admitted as evidence of contravention unless the duty-holder can demonstrate compliance by equivalent means.

Question 4

The Robens Report (1972) led directly to which major piece of UK legislation?

Accepted Answer

The Health and Safety at Work etc. Act 1974

Answer

The Robens Report (1972) recommended a unified, goal-setting framework to replace the fragmented, prescriptive legislation that existed. This directly led to the Health and Safety at Work etc. Act 1974.

Question 5

In civil law, what must a claimant prove to successfully claim compensation for a workplace injury?

Accepted Answer

That a duty of care was owed, was breached, and the breach caused foreseeable harm

Answer

In negligence claims, the claimant must prove on the balance of probabilities that: a duty of care was owed, the duty was breached, the breach caused the injury, and the type of harm was foreseeable.

NEBOSH IGC Practice Test

NEBOSH IGC Practice Test

NEBOSH Foundations of Health and Safety 3